HomeMy WebLinkAbout2018-08-01 Zoning Board of Appeals Minutes cry oraego,
Town of Reading
Meeting Minutes
ioard - Committee - Commission - council: 2111 NOV -8 AH 10: 50
Zoning Board of Appeals
Date: 2018-08-01 Time: 7:00 PM
Building: Reading Town Hall Location: Select Board Meeting Room
Address: 16 Lowell Street Session:
Purpose: Public Hearing Version:
Attendees: Members - Present:
John Jarema
Robert Redfern
Cy Caouette
Nick Pernice
Members - Not Present:
Erik Hagstrom
Kyle Tornow
Others Present:
Mary O'Connor, Mike Welch, Daniel Reynolds. Dave and Mary Costa, Mike
and Katie Crocker, Dan and Joan Ensminger, Tom O'Connor, Kathy Young
Minutes Respectfully Submitted By: Kristen Grover.
Topics of Discussion:
Case it 18-09-41 Lewis Street
The Zoning Board of Appeals will hold a continuance of a Public Hearing in the Selectmen's Meeting Room at
Town Hall, 16 Lowell Street,Reading,Massachusetts on Wednesday,August 1,2018 at 7:00 PM on the application
of Mary O'Connor,pursuant to M.G.L.Ch.40A§9 for a Special Permit under Reading Zoning Bylaw Sections TO,
7.3 and 7.3.2,and also pursuant to M.G.L.Ch.40A§10 under Sections 4.5 and 6.3 for a Variance to construct a two
story addition in an existing non-conforming dwelling that exceeds the 25%allowed lot coverage on the property
located at 41 Lewis Street in Reading,Massachusetts
Mr. Jarema called the meeting to order at 7:00 PM.
Mr. Jarema informed the applicants and the public that there were only 4 members of the Board present which
would require a vote of 4 for the affirmative. He also informed the Applicants that they could request a
continuance to the next hearing on 8/15/18 for all 5 members to be present if they so choose.
Mr. Jarema read the continuance of the case into record.
Mary O'Connor and Dan Reynolds were present on behalf of the application.
Mr.Jarema informed the applicants that there were only 3 Board members present tonight for their case and
that they cannot continue with only 3 members.
The Board and Applicants discussed the last hearing, Chapter 40A guidelines for voting, how to proceed, and
Mr. Jarema read the memo from Glen Redmond into the record. They also discussed the new plot plan,
addressing the request for a Special Permit tonight as well as a requesting a withdrawal for the Variance.
The Board and Applicant discussed that the total lot coverage was at.25.3%and that, although small, is still
over the allowed lot coverage. Mr. Reynolds stated they trusted the surveyors calculations. Mr.Jarema
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explained that the Board can't approve and stamp plans that aren't explicit to what is proposed to be done. Mr.
Reynolds stated they understood they will need to ask for a continuance to sort out more details. Mr.Jarema
confirmed the Applicants are requesting a continuance to 8/15/18.
On a motion made by Mr.Redfern,seconded by Mr. Caouette,the Zoning Board of Appeals moved to
continue case#18.09 to 9(15/18.
Vote was 4.0.0(Jarema, Redfern, Caouette,Penrice)
Case#18-10 65 Longfellow
The Zoning Board of Appeals will hold a Public Hearing in the Selectmen's Meeting Room at Town Hall, 16
Lowell Street,Reading,Massachusetts on Wednesday,August 1,2018 at 7:00 PM on the application of Michael
Welch,pursuant to M.G.L.Ch.40A§9 for a Special Permit under Reading Zoning Bylaw Sections 7.3.2,and 6.3,to
demolish the existing nonconforming dwelling on a nonconforming lot and to construct a new single family
dwelling on the property located at 65 Longfellow Road in Reading,Massachusetts.
Mr. Jarema read the case into record.
Michael Welch was present on behalf of the application.
Mr.Welch presented the history of the case and discussed meetings with the building inspector for the original
plans leading up to how they came to apply for a Special Permit.
Mr.Jarema read the memo from Glen Redmond into the record and commented that the property was a very
unique parcel with several unique qualities including water and sewer easements and access through the
school. He advised the Applicant that there are only 4 members of the Board present tonight and they have
the right to continue to the next hearing for a 5 member Board. Mr. Redfern commented that the case was not
advertised to include a Variance and if it was deemed needed then the Town would have to re-advertise. Mr.
Jarema commented that the application had many issues that needed to be addressed.
Mr. Jarema advised the Applicant of the options to proceed or continue. Mr.Welch stated he'd like to start with
a continuance and asked if the public could speak. Mr. Jarema opened discussion to the Board first for
questions or comments.
Mr. Pemice asked 8 Mr.Welch knew when the addition was added. Mr.Welch said he did not know. Mr.
Pemice commented that if it was older than 10 years,than that would make it a legal non-conforming structure.
Mr. Dan Ensminger of Oakland Road spoke as an abutter and stated he could attest that the addition was there
since 1978 when they bought their home.
Mr. Redfern stated that it was pretty straightforward—they will need Variances for frontage, side yard setbacks,
lot coverages, and undersize lot unless they take the existing footprint and build on that. He advised if they
chose that route, they may not need to come back before the Board. Mr. Redfern explained that they will need
at least 4 or 5 Variances and they will need arguments for them and have to present for them.
Mr. Caouette commented on the strangeness of this case and how the existing structure violates all setbacks.
He stated that the proposed plan would correct some of that but would increase the lot coverage. He opined
the plan needed an update.
Mr.Jarema opened discussion to the public.
Mr. Dan Ensminger, Oakland Road, stated his support for this project. He discussed the history of the property
and passed pictures to the Board to address his concern. He commented on the potential for infestation of
rodents and asked for conditions to be added for the Health Agent to be part of.
Ms. Kathy Young, Longfellow Road, stated she would love to see the structure demolished to avoid trouble with
high school kids and families of small wildlife. She stated her only concerns were how the water table will be
affected if the structure is on a slab citing concerns of water coming into her basement,and also concems of
her property being in the shade for a good portion of the day based on the height of the proposed structure.
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Mr. Jarema closed the public portion of the meeting.
Mr.Welch asked for a Continuance to the 8/15118 hearing.
On a motion made by Mr.Redfern,seconded by Mr. Penrice, the Zoning Board of Appeals moved to
continue Case#18-10 to 8115118.
Vote was 4.0.0(Jarema, Redfern, Caouette,Pemice)
Case#18-11 15 Longfellow-Variance
The Zoning Board of Appeals will hold a Public Hearing in the Selectmen's Meeting Room at Town Hall, 16
Lowell Street,Reading,Massachusetts on Wednesday,August 1,2018 at 7:00 PM on the application of Michael
Crocker,pursuant to M.G.L.Ch.40A§10 for a Variance under Reading Zoning Bylaw Sections 6.3 and 7.4,as may
be determined by the Zoning Board,to remove an existing 10'X 26' non-conforming garage and construct a new
12'X 26'two-story living space with a non-conforming side yard setback on the property located at 15 Longfellow
Rd.in Reading,Massachusetts.
Mr. Jarema read the rase into the record.
Katy and Michael Crocker were present on behalf of the application.
Mr. Crocker presented the history and case. He advised that the purpose of the application was to gain more
living space for their growing family. He discussed the criteria for needing a Variance which included 3 levels
of elevation in the yard, grading and lot coverage.
Mr. Jarema told Mr. Crocker he hit the 1"criteria very well. Mr. Crocker explained the financial hardship would
be in having to grade the land in back which would be very costly, and that building where the garage is would
be more cost effective. He commented that for the 3"and 4h criteria,the plan would not be more detrimental
to the neighborhood
Mrs. Crocker advised the Board of letters from neighbors in support.
Mr.Jarema read the memo from Glen Redmond into the record and opened the discussion to the Board for
comments and questions.
Mr.Caouette told Mr. Crocker he like the way they approached this application in that if a 12 foot garage fails
with the Variance they plan to go for a 10 foot garage with the Special Permit. He asked the applicant what
kind of a hardship does a 10 foot garage present over a 12 foot garage. Mr. Crocker staled it was significant
on the inside but not so noticeable on the outside. Mr. Caouette agreed that from the street it would be hard to
notice the garage being 2 feet closer to the shrubbery. He stated his concems with the 2na criteria and that he
had mixed emotions about the hardship.
Mr. Redfern commented that the letters from the abutters were not from the'key"abutter. Mrs. Crocker stated
that she offered to come to the meeting. Mr. Redfern advised that it would have helped the Board. He
commented that he finds it difficult to increase that non-conformity by 2 feet when they can get a Special Permit
for the 10 feet. He added that he felt the 1"criteria was hard to meet also. He stated he wasn't sure about a
Variance but felt a Special Permit would be okay.
Mr. Pernice asked if the topography and different elevations were common in the neighborhood. Mr.Crocker
answered not really that some yards are flat, some are more elevated. Mr. Pemice commented that if it was
unique to their lot it might meet the hardship more. He stated it was hard to consider the Variance given the
application for the Special Permit also.
Mr.Jarema commented that the Special Permit would be more capable of achieving. He asked Mr.Crocker if
they were comfortable with 4 members making the decision, noting it would have to be a unanimous 4 person
vote.
Mr. Jarema mad Case#18-12 into the record.
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Case#18-12 15 Longfellow—Special Permit
The Zoning Board of Appeals will hold a Public Hearing in the Selec6nen's Meeting Room at Town Hall, 16
Lowell Street,Reading,Massachusetts on Wednesday,August 1,2018 at 7:00 PM on the application of Michael
Cracker,pursuant to M.G.L.Ch.40A§9 for a Special Permit under Reading Zoning Bylaw Sections 7.0/7.3/7.3.2,
as may be determined by the Zoning Board,to remove an existing non-conforming garage and construct a new 10'
X 26'two-story living space with a non-conforming side yard setback on the property located at 15 Longfellow Rd.
in Reading,Massachusetts.
Mr. Jarema asked Mr. Crocker to provide a quick summation requesting only 10 feet under a Special Permit.
Mr. Crocker slated the existing garage is too small to use as a garage and they would like to tum it into
additional living space for a mudroom, bathroom and bedroom upstairs.
Mr. Caouette gave credit to the effort Mr. Crocker took in preparing for this meeting where they really wanted a
Variance under case 11 but will settle for a Special Permit under rase 12. He said that personally he did not
have a problem with the Special Permit based on what is proposed.
Mr. Redfern stated he was much more comfortable with a Special Permit noting that the Town bylaws allowed
for this type of extension in that it is not more detrimental to what is existing. He added that he can support a
Special Permit.
Mr. Pemice staled the backyard had character and thinks they put a good application together,the plans are
easy to read and he did not have a problem with a Special Permit.
Mr. Jarema explained that the problem with the Variance is that it goes well beyond the owner's life span
whereas with a Special Permit, if something happens it can be modified before the Board instead of not being
able to with a Variance. He added that he also supports a Special Permit.
On a motion made by Mr. Caouette,seconded by Mr.Redfern, the Zoning Board of Appeals moved to
grant a Special Permit for Case#18.12.
Vote was 4.0.0(Jarema,Redfem, Caouette,Penrice)
On a motion made by Mr.Redfern,seconded by Mr. Caouette, the Zoning Board of Appeals moved to
grant a Withdrawal of Case#18-11.
Vote was 4.0.0(Jarema, Redlem, Caouette,Pernice)
Minutes
On a motion made by Mr. Caouette,seconded by Mr.Pennies, the Zoning Board of Appeals moved to
approve minutes as amended.
Vote was 4-0-0(Jarema, Redfern, Caouette,Pemice)
Adlournment
On a motion made Mr. ReWem,seconded by Mr. Caouette, the Zoning Board of Appeals moved to
adjourn the meeting at 8:56p.m.
Vote was 4-0-0(Jarema,Redfem, Caouette,Pemice).
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